Vibe Village Terms of Service
Welcome to the Vibe Village website www.vibevillage.com.au ("Website") operated by Tgarage PTY LTD ACN 118 105 025 ("Vibe Village", "We"). The Website enables anonymous visitors to the Website ("Visitors") to browse ratings, Vibe Campaigns ("Campaigns"). This Website enables registered members ("Members") visiting the Website, to rate services, products and join Campaigns. Use of this Website indicates collectively both Members and Visitors ("You", "Your") agreement to abide by these Terms of Service (the "Agreement") and to use certain interactive features on the Website. The Agreement sets out the terms and conditions which govern Your use of the Website
Please first take a moment to review the agreement in detail. To assist You we offer this short summary.
- The content on this site is the exclusive property of Vibe Village and our Clients.
- To be a participant in the Vibe Village community, You must act appropriately and lawfully at all times. If You don't, we'll have to kick You out.
- The Code of Conduct is important. Follow it. It is a must.
- We're not liable for anything on the Website or otherwise.
- Properly using the site as a Member means You may take part in the Campaigns, polls and surveys. We can offer any/all of this participation to whomever we want, whenever we want.
- We offer points to members for participation in Campaigns you can use these for entry to promotions and assisting your causes.
- Some Campaigns require you to register Guests ("Guests") as par tof the approval process. You will be then be identified as the Campaign Host ("Host"). Depending on the Campaign you will need to invite guest via the Vibe VIllage website tools which may include Email, SMS/MMS and/or manual process.
- Some Campaigns have a nation wide quiz where you compete with other people for a prize.
- One Individual, One Membership.
- Campaigns and associated activities of those events are only open to Australian Residents.
Visitors may become Members by affirmatively accepting the Agreement in order to make use of certain interactive features offered through the Website, as described in these terms of service. By registering and clicking on the I Agree registration button on the Website, each Member represents and acknowledges that they are at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions in the Agreement. If You want to become a Member and You are under 18 years of age You must get Your parent's permission by providing Vibe Village with Your parent's written permission as well as their email or other contact details. Vibe Village will activate the Member account once parental approval has been granted and given to Vibe Village.
To the extent that any information is requested from Members by us, Members must provide us with accurate, complete and current information.
Members as part of registration will create a Member account ("Account") with a unique username and password ("Profile"). Members agree not to allow any third party to use their Account to access the Website using their Profile and to safeguard the information that would allow another person or entity to access the Website by using their Profile. Members also agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Profile. Members agree to notify Vibe Village immediately of any unauthorised use of the Member's Profile. Members agree that Vibe Village shall not be liable for any loss that results from the unauthorised use of a Members Profile or Account. Members agree that We have the right to cancel their Account for any reason at any time, in our sole discretion without notice. The cancellation of an Account and Profile shall amongst other things result in the loss of access to the whole of or certain portions of the Website accessible by Members.
By accepting this Agreement and becoming a Member of the Website, You acknowledge and agree that You will automatically become a member of the related website www.viber.tv ("Viber TV"). All terms and conditions of service or use that apply to Viber TV will apply to You as if You had registered directly with Viber TV. Any personal information that is submitted by the Member to Vibe Village through this Website may be used by Vibe Village to register You as a member of Viber TV and You consent to this sharing and disclosure of personal information.
You agree to abide by the Code of Conduct. In particular, You warrant and represent that:
- the contents of all reports submitted by You to the Website (including ratings, reports and compliments) shall be honest, true and correct to the best of Your knowledge. Submitting dishonest, false or misleading information is strictly prohibited and will result in Membership and Account cancellation, and legal action being taken if Vibe Village believes it is necessary;
- all personal information submitted, including registration details, are truthful and accurate;
- You will not create more than one Member Account, that represents you as an individual. Any detection of duplicate accounts will result in your cancellation and termination of all Vibe Village Memberships.
- the accuracy of this information will be maintained and updated by You at all times, or otherwise notified to us as soon as practicable;
- You are over the age of 18 years, or if You are not over the age of 18 years You have asked for and obtained parental permission as outlined above;
- the information posted by You on the Website will not infringe the intellectual property rights of any third party nor defame or invade the publicity rights of any third party;
- You are an Australian Citizen, Permanent Resident or your permanent residence is in Australia;
- You will not breach any of the terms of the Agreement
Vibe Village Content
The Website includes a combination of content that We create, and that our Members create. All materials published on the Website including, but not limited to, written content, photos, graphics, images, illustrations, marks, logos, sound, flash and video clips are protected by our copyright or trademarks or those of our Licensors, sponsors, Clients, Customers, or Suppliers ("Partners").
Members are solely responsible for all materials written content, comments, opinions, messages, images, cartoons, compliments, photos, graphics, audio, video, whether publicly posted or privately posted/transmitted, that Members upload, post, e-mail, transmit, or otherwise make available on the Website ("Member Content").
You must not post, upload or transmit any Member Content that
You understand and agree that Vibe Village does not monitor but reserves the right to review, edit and delete any Member Content in whole or in part that, in the sole discretion of Vibe Village;
- Infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or any other intellectual property (which now exists or may in the future exist) or proprietary right of any party, or
- Is proprietary to a third party, without such third party's prior written consent.
The following is a non-exhaustive list of Member Content that is illegal and/or is prohibited on the Website.
- Violates any of the terms of the Agreement
- Is offensive or illegal, or defamatory
- May harm, violate the rights of or threaten the safety of any Member and/or any other individual or entity.
- You must pay as and when due for any fees or royalties or other amounts payable for any use of Member Content on the Website and obtain all necessary consents to use as set out in the Terms of Service Member Content on the Website at the Member's cost.
- You are solely responsible for any Member Content You post, publish or display on the Website or transmit to Members, including Your ratings and reviews posted on the Website. Vibe Village reserves the right, but undertakes no obligation, to monitor disputes between Members and any entity or individual or product or service You have reviewed.
- You will post only Member Content You believe in good faith to be true and accurate, and You will not post to the Website any Member Content that is false, inaccurate, misleading, deceptive or fraudulent or likely to be so.
- You will post only original Member Content.
- You have read and understood our Copyright notice regarding ownership and use of Member Content by Vibe Village.
- Infringes, misappropriates, or violates any of the intellectual property, privacy or other rights of anyone;
- Is false or misleading or likely to be so;
- Is threatening, obscene, defamatory or libelous, including the use of inflammatory comments, generalizations, or unfounded criticism;
- Is patently offensive or illegal, such as content that directly or indirectly promotes terrorism, racism, prejudice, hatred or physical harm or damage of any kind against any group or individual or property;
- Harasses or advocates harassment of another person;
- Contains nudity, violence, or offensive subject matter or contains a link to other websites containing any of this type of content;
- Promotes directly or indirectly any illegal activities or conduct that is abusive or contrary to any applicable law;
- Links to another business directory, rating, or review website;
- Includes a photograph or image of another person or property or landmark (real or otherwise) without having gained that person's or owner's consent to use that photograph or image in the Website; or
- Falsely expresses or implies that the Member Content represents, is endorsed or sponsored directly or indirectly by or on behalf of Vibe Village.
2.2 Use of Content by us
- By accepting this Agreement, You acknowledge that Vibe Village may in its absolute discretion use, post, display share or publicise any and all Member Content that is submitted or uploaded to the Website to or on Viber TV.
All materials included on the Website including but not limited to text, design, photos, audio, video, graphics, interfaces or code, and the selection and arrangements of any of these is copyrighted as a collective work under copyright laws, and is the intellectual property of Vibe Village (the only exception being certain Member Content - see below). Third Party Text, diagrams, logos or other information may be quoted within the content of the Website, and the respective copyright holders retain their rights to this material. You will not in any way exploit any intellectual property rights including, but not limited to, using, displaying, reproducing, disseminating, publishing, broadcasting, selling any such content for any purpose other than Your own personal use.
When a Member publishes content as defined as text (ratings, reviews, reports), photo or video on Vibe Village, You retain the ownership rights to Member Content, while You also hereby grant Vibe Village a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, and fully assignable license to use, reproduce, adapt, modify, translate, publish, create derivative works from, distribute and display this content through the world in any media either by Vibe Village or any of it licensees or Viber TV from time to time. You grant Vibe Village, its affiliates, licensees and Partners the right to use Your Display Name, Suburb and any photo/video You upload in connection with such Member Content. This license is non-exclusive, except You agree that Vibe Village and its affiliates, licensees and Partners shall have the exclusive rights to use this license to the extent of combining Your Member Content with the Member Content of other Vibe Village users or Members for the purposes of constructing or populating the Website or any other internal database of Vibe Village or any of its licensees.
Subject to the restrictions on use and on posting Member Content as set out in the Agreement, You may use Vibe Village to share ratings, reports and download or copy pieces of the content on Vibe Village for Your own use. You may forward ratings, reports, events, and links to the Website and invite these people to join Vibe Village subject to the following:
- The content may be used solely for personal, non-commercial purposes;
- The content may not be modified or altered in any way. Except as expressly provided in the Agreement, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Website in whole or in part without the prior written permission of Vibe Village.
Unless otherwise indicated, all names, graphics, designs, logos, pages headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Vibe Village or its Partners and are protected by the copyright and trademark laws of Australia and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without Vibe Villages prior written consent. Vibe Village and our Partners trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Vibe Village and its Partners or any of their respective personnel or businesses.
Disclaimer of Consequential Damages
To the maximum extent permitted by applicable law, in no event shall any of Vibe Village, its Partners, or any third parties mentioned on any Vibe Village site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, costs including legal costs, or damages resulting from the use of the Website or any of the activities, products or services at any time referred to, offered or involved with the Website including liability for any lost data or business interruption) resulting from the use of the Vibe Village site and the Vibe Village content, whether based on breach of warranty, contract, tort or any other legal theory, or inability to use or access the Website, and whether or not Vibe Village is advised of the possibility or happening of any such damages or lost profits or costs.
Limitation of Liability
In no event shall any of Vibe Village, its shareholders, officers, directors, related bodies corporate (as defined in the Corporations Act 2001), employees, agents or affiliates be liable for any personal injuries to anyone of any kind or for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss), whether based on breach of contract, tort (howsoever arising, including negligence), product liability, or otherwise, arising out of, or in connection with, the use of, or inability to access or use any of the Website or any other medical or form or communication in any way associated with the Website or any of the products or services provided directly or indirectly to You or any persons or entities you involve directly or indirectly or inadvertently in any activity referred to on the Website or in any other media directly or indirectly associated with the Website from time to time by or on behalf of any of Vibe Village and any of its clients. Vibe Village does not guarantee continuous, secure or uninterrupted access to the Website nor does it guarantee or make any representations regarding the suitability, merchantability or fitness of products or services provided to You or any persons or entities that you may involve either directly or indirectly or inadvertently by or on behalf of Vibe Village and any of its clients. Vibe Villages does not take responsibility and to the maximum extent permitted by applicable law excludes all liability for the conduct of any of its Members, or any participants in any activity arranged or conducted directly or indirectly pursuant to the use of the Website, or any other form of media or communication relating to the Website regardless of whether any such conduct is lawful or otherwise.
Notwithstanding anything to the contrary contained in the Agreement, You specifically agree that Vibe Village's maximum total liability to You for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of:
- The amount paid, if any, by You to Vibe Village for Vibe Village's services in the 12 months prior to the action giving rise to liability, or
This Website is currently controlled and operated by Vibe Village from its offices in Australia. Vibe Village makes no representation that any of the products, services and other materials that may be available from time to time through the Website are appropriate or available for use in other countries, and access to any of them from countries where their contents or use or sale or offering for sale is illegal, restricted or prohibited.
This Agreement is governed in accordance with the laws of the state of Victoria, Australia and the laws of the Commonwealth of Australia where applicable. You agree to submit to the jurisdiction of all those courts for any disputes arising or relating in any way out of the Agreement or the use or access to any of the Website.
Disclaimer of Warranties
8.1 Vibe Village does not represent or warrant the accuracy or completeness of any information, graphics, text or links on the Website nor that the Website or any product or services offered or supplied through the use of the Website or any other form or media or communication directly or indirectly related to the Website will be continuously available. Vibe Village is not responsible for the conduct of any Member or the postings, reviews or comments made by any Member. Vibe Village does not endorse any posting, review or comment made by any Member.
8.2 You acknowledge and agree that your access of the Website, and any material, information or content downloaded or obtained from the Website is done so at Your own risk and You agree that under no circumstance will Vibe Village be liable for any loss or damage or personal injury of any kind caused as a direct or indirect result of accessing or using any such information, including any damage to Your computer or loss of data as a result of accessing any information or due to your reliance on information or material including any products or services of Vibe Village or any of its clients accessed or provided directly or indirectly through the Website or any other media or form of communication.
8.3 To the maximum extent permitted by law, Vibe Village, its licensors, parent company and related bodies corporate and any affiliated entities and Partners, disclaim any implied, express or statutory warranties including, but not limited to, implied warranties of title, merchantability, non-infringement and fitness for purpose in relation to any products or services or information or material access or provided directly or indirectly through the Website or any other media or form of communication.
You indemnify and hold Vibe Village, its parent company and any related bodies corporate, affiliates, directors, shareholders, employees, officers, agents and Partners harmless from any claim, demand or expense made by or on behalf of any third party for any personal injuries or damages or an account of profits or any equitable relief including, but not limited to, consequential, direct, incidental or other damages for any breach by You of any law or the rights of a third party including, but not limited to, any breach occurring at an activity arranged or conducted pursuant to the direct or indirect use of the Website or any other media or form of communication or in relation to any services or products provided from time to time directly or indirectly through the Website or any other media or form of communication.
You agree that Vibe Village will not be liable in any way for the accuracy, reliability or quality of any postings, reviews or comments made by any Member and that You will hold Vibe Village (including its parent company and related bodies corporate, affiliates, directors, shareholders, employees, officers, agents and Partners) harmless for: (i) any errors or omissions in any Member Content posted or made use of by You or any person on your behalf; or (ii) any loss or damage incurred as a result of a Member or any person or entity involved by the Member using or relying on Member Content posted or made use of by You or on your behalf.
You agree that any correspondence, transactions or dealings with any third party found on or through the Website or any other media or form of communication are solely between You and the third party. This includes, but is not limited to, transactions regarding payment and supply of products or services and representations or warranties made by the third party. Vibe Village will not be responsible or liable for any loss or damage incurred through any correspondence, transactions or dealings (including any of those related to negligence) with any such third party including with any other Member, or any participant or attendee, at any activity arranged or conducted pursuant to any direct or indirect use of the Website or any other media or form of communication.
You agree that the Website is only for the personal use of Members and Visitors. It may not be accessed or used for or by You, directly or indirectly, with respect to any commercial activities except as expressly permitted by Vibe Village.
- We offer products and/or services to members either through Campaigns, in the majority of cases we will provide these products and/or services Free to members. Some Campaigns may require members to purchase at a discount a products and/or services to be part of a Campaigns. These conditions will be indicated in the Terms and Conditions of the individual Campaign.
- Products are not intended for resale. Any product, service or coupon related thereto offered by Vibe Village are not intended for resale. Any violation (as determined solely by Vibe Village) of this provision by a Member may result in removal from Vibe Village.
You agree that no agency, partnership, joint venture or any other relationship is intended to be created nor is it created between Vibe Village and You or anyone you involve in any activity directly or indirectly through entering into the Agreement or by the use or access to any of the Website or any other media or form of communication.
The Agreement will remain in full force and effect while You use the Website or any other media or form of communication and/or are a Member. You may terminate Your Membership in the Vibe Village community at any time, for any reason by following the instructions on the Cancel Account page in My Vibe settings. Vibe Village may terminate Your status and access to the Website as a Member for any reason, at any time without notice. If Vibe Village terminates Your Membership because, in Vibe Village's opinion You have breached any of the Agreement, You will not be entitled to redeem points towards promotions or causes. In the event that Your Membership is terminated for any reason, the Agreement insofar as it relates to the provision of warranties and indemnities and all of the authorities and licenses given by You will remain in effect.
Vibe Village reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your Account, Member Profile and Submitted Content (Ratings, Compliments, Reports, Video, Audio) from the Website.
Vibe Village reserves the right to make changes at any time to the Agreement. Any modifications to the Agreement will be effective upon posting. You agree to review the Agreement periodically each time You visit the Website so that You ensure that You are aware of any modifications that apply to You and Your use of the Website. Your continued use of the Website after any modifications to the Agreement confirms Your acceptance of the Agreement as modified at that time.
Visitors and Members must not violate or attempt to violate the security of the Website or any other media or form of communication, including without limitation:
Polls, surveys and promotions ("Activities") may be available on the Web site for Visitors and/or Members sponsored by Vibe Village and/or its Partners. Participation in Activities is not a requirement in order to use the Website as a Visitor or Member. Vibe Village uses the data collected from these Activities to assist it and its Partners to provide You better services and products.
From time to time Vibe Village and its Partners may ask Members to participate in certain Campaigns. Member participation will usually be based on various demographic and psychographic parameters and Activities within the Website it may also require Members to be 18 years or older to participate. Determinations regarding which Members may be offered entry to Campaigns shall be at the sole discretion of the Vibe Village. If Vibe Village determines that You are eligible to participate in a Campaign, You will have the ability to join at the Website or via Member invite email.
Vibe Village will/may provide to Members participating in Campaigns access to certain information, samples, new products or services and literature depending on the Campaigns. Further, Vibe Village may, at its discretion, remove a Member from a Campaign at any time for any reason without notice. If You are removed from any Campaign You will be contacted via e-mail.
Any product, service or coupon ("Freebees") offered to Visitors or Members are not for resale and are not transferable. Any violation by resale or transfer (determined solely by Vibe Village at its discretion) by a Member may result in removal of either access rights to Freebees or removal from a supporting Campaign or termination of the membership of the Member.
Vibe Village may award points in connection with performing particular Activities, Ratings, Reports, Compliment giving/received, Member sign-ups and Group Creation ("Transactions") within the Website. The number of points awarded for each Activity or Transaction will be determined from time to time solely by Vibe Village. Vibe Village Points:
Vibe Village further reserves the right to modify, add to, or reduce the redemption Campaigns or Nominated Causes available for redemption by making such modifications additions or deletions from time to time as Vibe Village deems appropriate at its discretion on the Website.
- Have no cash value and may be used for the redemption for products and services, entry to Promotions and/or Causes.
- Cannot be sold or transferred or combined with other Members points.
- May be cancelled at any time by Vibe Village for violation of any part of the Agreement.
- May be used to purchase entry to a Promotion (A debit transaction will occur to Membership point balance).
- May be used to donate to a Nominated Cause (A debit transaction will occur to Membership point balance).
- A Promotion or Nominated Cause entry/donation cannot be cancelled / rolled back.
Vibe Village and its Partners may run promotions within the Website. Members may enter a promotion by using a number of points for a single entry to the promotion. The value of points required to enter a promotion will be at the sole discretion of Vibe Village or its Partners. Points transferred to a promotion cannot be cancelled or rolled back.
Vibe Village and Members may create Nominated Causes including community causes with Vibe Village's prior approval. These causes may/will nominate a certain dollar value they wish to raise as part of their nomination within the Website. It will be at the sole discretion of Vibe Village whether a cause will be approved and for what total monetary value the Nominated Cause may raise from the Vibe Village Members. Members may use their points to support a Nominated Cause. Once the approved dollar value has been raised for the Nominated Cause, the Nominated Cause will be closed for further submission of member points. Points transferred to a Nominated Cause cannot be cancelled or rolled back. Further more Vibe Village will nominate a period (start/end date) and a total amount that Members may contribute to all Nominated Causes. Once the allocated amount has been used for a period, Nominated Cause allocation will be suspended until a new Nominated Cause period opens.
Vibe Village may run an online quiz in relation to certain Campaigns within the website. A quiz will consist of a number of multiple choice questions to be answered in a given time period ("Quiz"). Only Members nominated as Campaign hosts will be eligible to answer the Quiz ("Host"). A Host will be responsible for organising attendance of guests to their Campaign. Guests can be both physical and virtual, these guests will form the Hosts team ("Team"). Each Quiz will have a prize awarded to the fastest Team to answer all questions in the quickest time with the most accuracy. The Host will be responsible for entering the answers with the Team assisting the Host in finding the correct answer. The Quiz is strictly a game of skill. Vibe Village will not be held responsible for any technical issues related to the Host and the Quiz and/or virtual guests not being able to connect to the Quiz at the nominated time or during the execution of the Quiz. The decision of the judges will be final and no correspondence will be entered into and any prize awarded to the winning Team will not be transferable to any other form or to any other Team. It is the responsibility of the winning Host to determine how any prizes awarded to the Host's Team are to be split between guests.
You are solely responsible for Your interactions with other Members and any persons that You involve in such interactions with other members and in relation to the Website or any other media or form of communication. Vibe Village reserves the right, but has no obligation, to monitor disputes between You and any other Members or visitors to the Website or through any other media or form of communication. You are solely responsible for maintaining the confidentiality of Your Account details and will notify Vibe Village of any unauthorised use or breach of the confidentiality of Your Account. You are also required to keep Your profile updated with current contact and other information as stated in Your profile. We will always encourage and we expect Your complete honesty about products and services that You test and/or experience - both good and bad - because we are foremost interested in Your honest and detailed feedback on those products and services.
If You have any questions or concerns regarding the Website, please contact the privacy officer by email at email@example.com or write to us at Tgarage Unit 1, 214 Mair St Ballarat Vic 3350.
Any notices provided to this address shall be deemed to be given three (3) business days after the date of mailing or posting.
If any provision or clause of this Agreement is deemed to be invalid or unenforceable, that provision will be struck out and the remaining provisions will be enforceable.
This Agreement sets out the entire understanding between the parties and replaces any previous agreements entered into by the parties.
This Agreement is not assignable, transferable or able to be licensed unless Vibe Village has provided its prior written consent.
The headings of this Agreement are for reference only and do not in any way limit or define the extent of the section or have any legal or contractual effect.
We accept payment via Visa and Mastercard. We do not accept American Express. All prices are inclusive of GST. We dont sell internationally. Please note that payment must be received prior to the dispatch of goods. Credit Card Payments will be shipped as soon as the order is picked and packed. All transactions are in AUD $ currency.
- Shipping and Handling
Shipping & handling costs are part of the purchase price. If we cant ship your order to you for any reason we will contact you within two business days of you placing the order.
Shipments within Australia are sent via: Australia Post Overnight Express, Australia Registered Post. We do not support international shipping.
- Return, Exchange and Damaged Goods Policy
We do not give refunds if you change your mind, so please choose your goods carefully.
If goods are found to be damaged or faulty, and we agree to an exchange or refund, we will send you a postage envelope/parcel to be used to return the damaged or faulty goods in their original packaging.
Returns will not be accepted for any reason after 14 days from dispatch. We are happy to exchange goods if they are returned in their original condition within 7 days of receipt. For exchange items, we require your name, telephone number, Email, Vibe Village Username, delivery address and reason for return.
All will be traced and recovered if possible. Lost items will be replaced. Please contact us if you have not received your parcel. Please quote your order number as provided with your dispatch notice.
If you receive an incomplete or damaged consignment, please contact us immediately upon receipt, refer to the contact us page.
- Customer Service
If you need to contact us, please email us at firstname.lastname@example.org or mail as at Tgarage Pty Ltd, Unit 1, 214 Mair St Ballarat Vic 3350. If we cant ship your order to you for any reason we will contact you within two business days of you placing the order.
- Leaving Vibe Village
Just send us an email at email@example.com or mail as at Tgarage Pty Ltd Unit 1, 214 Mair St Ballarat VIC 3350. With a Subject of DELETE and your username, we will delete your membership and survey results.